Positive Vote-Buying Investigations Must Remain Neutral and Comply with the Principle of Proportionality

Recently, legislators from the pan-green camp questioned whether prosecutors primarily targeted pan-green figures in vote-buying investigations. This prompted successive statements from Minister of Justice Ch'en Ting-nan and the Premier, suggesting that prosecutors' handling of cases was ideologically driven. In response, the Association of Prosecutors Reform and the Prosecutor's Association issued statements of protest. Finally, President Ch'en Shui-bian stepped in to clarify that vote-buying investigations should be non-partisan and that the ruling party was willing to accept stricter standards. This incident stemmed from the ruling party's incorrect perspective on vote-buying investigations, fortunately met with the self-awareness and response of prosecutors. If the ruling party truly returns to the stance discussed by President Ch'en Shui-bian, the Alliance for Prosecutor System Reform is willing to give a positive affirmation of the overall direction of the event's development.

Investigating vote-buying is a crucial task concerning clean government in our country. Too much corruption and malpractice stem from elections requiring massive amounts of money, allowing only those adept at pooling funds to enter the political arena. Once in power, these individuals fail to focus on substantive policymaking, instead continually using political resources to accumulate their own wealth and power, employing vote-buying to secure their political stage. This further reinforces such a vicious cycle, which is by no means the true essence of a democratic politics that selects individuals based on virtue and capability. When the Democratic Progressive Party (DPP) regime first came to power, it used political reform as a slogan and actively investigated vote-buying, truly giving the public a refreshing change. However, vote-buying investigations are a public instrument; the ruling party should not view them as a tool to win elections. When those in power promote vote-buying investigations, they do so from the standpoint of the overall interests of the state. Whether it is the Premier or the Minister of Justice, both should bear in mind that they represent neutral organs of the state, and questioning the political attitude of subordinates executing vote-buying investigations from a partisan standpoint is a clear slip of the tongue. The pan-blue camp's questioning of unfair investigations is a common reaction from those who do not hold power. Since the ruling party holds the state apparatus, those in power should be constrained by state duties and have no standing to make confrontational remarks from a party perspective. Up to now, President Ch'en Shui-bian's remarks have still managed to grasp this direction. The Alliance for Prosecutor System Reform expects the ruling party to consistently practice this both in words and deeds, so that this incident may have positive significance.

While observing the DPP government's vote-buying investigation policy and affirming its proactive attitude, the Alliance for Prosecutor System Reform also sees the hidden concerns arising from the instrumentalization of the vote-buying investigation mechanism. Herein, we solemnly make the following appeals to the ruling party:

1. The ruling party should be consistent in word and deed, respect the neutrality of prosecutors, police, and investigators in investigating vote-buying, and refrain from manipulating investigations through explicit, implicit, or other sophisticated methods, which would cause a credibility crisis of selective prosecution.
2. The use of intelligence regarding vote-buying investigations should be strictly retained within investigative organs and must absolutely not be leaked to the ruling political party, thereby forming unfair political party competition.
3. The deployment of human and material resources for vote-buying investigations by prosecution, police, and investigative organs should be based on the principle of proportionality. Resources should not be excessively concentrated to the exclusion of investigations into other necessary criminal cases, thereby affecting the rights and interests of the parties involved and avoiding imbalances in cost-benefit calculations that waste public funds. The effectiveness of the Supreme Prosecutors Office's current initiative—deploying prosecutors to police stations ten days before the election—should be thoroughly reviewed after the election, and a report should be submitted.
4. Prosecution, police, and investigative organs investigating vote-buying must comply with legal procedures and pay closer attention to human rights protection. They must never be eager for quick success and instant benefits under performance pressure, engage in harsh searches and arrests, or damage the normal friendly interactions among civic groups.

Finally, the Alliance for Prosecutor System Reform calls upon all political parties, factions, and voters nationwide to exercise self-discipline and self-purification, strictly refrain from giving and receiving bribes, and support the neutral vote-buying investigation actions of prosecution, police, and investigative organs to renew the political atmosphere at an early date.

Alliance for Prosecutor System Reform

Citizen's Forum
Taipei Bar Association
Taiwan Law Society
Association of Prosecutors Reform
Taiwan Association for Human Rights
Judicial Reform Foundation